Natural Resources Management and Environment Department

1. PAP Seminar Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Kigali Voluntary Guidelines on the responsible governance of tenure of land, fisheries and forests in the context of national food security 26-27 April 2 0 1 3 And Principles for responsible agricultural investment Attaher Maiga FAO representative Food and Agriculture Organization of the United Nations

2. Andrew Hilton Andrew Hilton Voluntary Guidelines on the Governance of Tenure AN UNPRECEDENTED INTERNATIONAL AGREEMENT • Endorsed by CFS May 2012 • Implementation encouraged by G20, Rio+20, Francophone Parliamentary Assembly and UN General Assembly • Partner and other stakeholder initiatives • Thousands of references and news items worldwide • An FAO priority and mainstreaming

3. Voluntary Guidelines on the Governance of Tenure A REFERENCE DOCUMENT • ... set out principles • ... provide a benchmark • …contribute to the improvement and development of policy, legal and organizational frameworks • ... are voluntary • ... do not replace laws or treaties

4. Andrew Hilton Andrew Hilton Building on the consensus FROM PRINCIPLES TO ACTIONS The real value of the Guidelines will be determined by their contribution to changes in the lives and livelihoods of men and women around the globe, particularly the vulnerable and marginalized To ACTION From PRINCIPLES • FAO acting as a facilitator to implement the Guidelines • Awareness raising • Capacity development • Support to countries • Strengthening of partnerships • Monitoring and evaluation

5. Problems of tenure and weak governance Tenure rights not recognized Inequitable access Governing institutions have not adapted to growing intensity of competition • INCREASING COMPETITION • FOR NATURAL RESOURCES: • Population growth • Urbanization • Changing diets • Demand for energy Discrimination Forced eviction State capture Bribery Limited capacity Expensive and difficult procedures No accountability or transparency Contradictory laws and policies

6. Part 1: Preliminary Part 2: General Matters Part 3: Legal recognition and allocation of tenure rights Part 4: Transfers and other changes to tenure rights Part 5: Administration of tenure Part 6: Responses to emergencies Part 7: Promotion, implementation, monitoring and evaluation

7. Contents of the Voluntary Guidelines GENERAL PRINCIPLES • RECOGNIZE AND RESPECTlegitimate holders of tenure rights, and their rights. • SAFEGUARD legitimate tenure rights against threats. • PROMOTE AND FACILITATEthe enjoyment of legitimate tenure rights. • PROVIDEaccess to justice to deal with infringements. • PREVENT tenure disputes, conflicts, and opportunities for corruption.

8. Contents of the Voluntary Guidelines PRINCIPLES OF IMPLEMENTATION • Human dignity • Non-discrimination • Equity and justice • Gender equality • Holistic and sustainable approach • Consultation and participation • Rule of law • Transparency • Accountability • Continuous improvement

9. Contents of the Voluntary Guidelines THE GUIDELINES AND QUESTIONS OF INVESTMENT The Guidelines look at investments from TENURE point of view. Principles apply to states, investors and service providers. • Voluntary Guidelines… • acknowledge the role of responsible public and private investments • recognize the share of smallholder producers and their organizations • encourage safeguard of legitimate tenure rights, transparency of transactions, compensation, partnerships, prior independent assessments, monitoring and control of implementation • put forward principles of consultation , participation and FPIC

10. Agricultural investment IN DEVELOPING COUNTRIES • Among the most effective ways to reduce poverty and hunger • => much more investment is needed • As the largest investors in primary agriculture, farmers must be central to agricultural investment strategies • Their investments must be stimulated and complemented by public investments in key public goods and corporate private investments along the agricultural value chain • But benefits cannot be expected to arise automatically, and some forms of investment carry risks for local communities and the environment

11. Agricultural investment FINDINGS FROM CASE STUDIES ON FDI IN PRIMARY AGRICULTURE • Inclusive business models: Positive effects on local economy when farmers keep control over land and are involved early • Large-scale land acquisitions: In many cases the disadvantages outweigh the few benefits • No ideal business model for all contexts • Impacts depend on many factors apart from choice of business model • Domestic laws & institutions are key, but often inadequate to address the risks and maximize the opportunities of increased competition for land and natural resources • International guidance needed

12. Principles for Responsible Agricultural Investment THAT RESPECT RIGHTS, LIVELIHOODS AND RESOURCES (PRAI) • Proposed by FAO, IFAD, UNCTAD and the World Bank in 2010 • A response to the challenges of large-scale land acquisitions and the need for increased agricultural investment • Voluntary • Can help governments develop laws & regulations • May be used as “checklist”when assessing projects • A “living document”to be updated with the results of ongoing researchandfield-testing

13. Principles for Responsible Agricultural Investment THAT RESPECT RIGHTS, LIVELIHOODS AND RESOURCES (PRAI) Key elements of PRAI • Respect of tenure rights • Do not jeopardize but rather strengthen food security • Governance framework ensures transparency and accountability • Consult & involve stakeholders • Investors must respect laws and ensure durable shared value • Generate positive social impacts • Ensure environmental sustainability

14. CFS consultations on PRINCIPLES FOR RESPONSIBLE AGRICULTURAL INVESTMENT THAT ENHANCES FOOD SECURITY AND NUTRITION • Initiated in 2012 to develop and ensure broad ownership of principles for responsible agricultural investments that contribute to food security and nutrition • Considers all investment in agriculture, fisheries and forestry along the entire value chain and all stakeholders • Will be based on Human Rights principles including the Right to Food, draw upon the VGGT and take into account other existing instruments including PRAI • Planned to be endorsed by the CFS in October 2014

15. More information DOWNLOAD THE VGs www.fao.org/nr/tenure SUBSCRIBE TO NEWSLETTER VG-tenure@fao.org